Motor Vehicle Litigation

When a claim for liability is litigated in court, it becomes necessary to bring a lawsuit. The defendant is entitled to respond to the Complaint.

New York follows pure comparative fault rules and, should a jury find that you are responsible for causing a crash the damages awarded to you will be reduced by your percentage of negligence. There is a caveat to this rule: CPLR SS 1602 excludes owners of vehicles which are rented or leased by minors.

Duty of Care

In a negligence case, the plaintiff must show that the defendant had an obligation of care to them. This duty is owed by everyone, but those who operate a vehicle owe an even higher duty to others in their field. This includes ensuring that they don't cause motor vehicle accidents.

In courtrooms, the standards of care are determined by comparing an individual's conduct to what a normal person would do in the same conditions. Expert witnesses are often required in cases involving medical negligence. Experts with a higher level of expertise in a particular field may also be held to an higher standard of care than others in similar situations.

When a person breaches their duty of care, it may cause injury to the victim or their property. The victim must then prove that the defendant's breach of duty caused the injury and damages that they have suffered. Causation is an essential element of any negligence claim. It involves proving the actual and proximate causes of the damages and injuries.

If a driver is caught running an stop sign it is likely that they will be hit by another vehicle. If their car is damaged, they will have to pay for the repairs. But the actual cause of the crash could be a cut on bricks, which later turn into a deadly infection.

Breach of Duty

A breach of duty by a defendant is the second element of negligence that needs to be proved in order to receive compensation in a personal injury claim. A breach of duty occurs when the actions of the at-fault person do not match what an ordinary person would do under similar circumstances.

A doctor, for instance, has several professional obligations to his patients stemming from the law of the state and licensing boards. Motorists owe a duty care to other motorists and pedestrians to drive safely and obey traffic laws. Drivers who violate this obligation and causes an accident is accountable for the injuries suffered by the victim.

A lawyer can rely on the "reasonable individuals" standard to prove that there is a duty of caution and then show that defendant failed to meet the standard in his actions. The jury will decide if the defendant complied with or did not meet the standards.

The plaintiff must also prove that the breach of duty by the defendant was the primary cause of the plaintiff's injuries. It can be more difficult to prove this than a breach of duty. For example an individual defendant could have crossed a red line, however, the act wasn't the main cause of your bike crash. In this way, the causation issue is often contested by defendants in collision cases.

Causation

In motor vehicle cases, the plaintiff has to establish a causal connection between the defendant's breach of duty and the injuries. For instance, if a plaintiff sustained a neck injury from a rear-end collision and his or her lawyer will claim that the collision caused the injury. Other factors that contributed to the collision, like being in a stationary vehicle is not culpable and will not impact the jury’s determination of the cause of the accident.

It is possible to establish a causal connection between a negligent action and the psychological symptoms of the plaintiff. It may be because the plaintiff has a troubled past, a poor relationship with their parents, or has abused alcohol or drugs.

It is essential to speak with an experienced lawyer when you've been involved in a serious accident. The attorneys at Arnold & Clifford, LLP have years of experience representing clients in personal injury cases, business and commercial litigation, as well as motor vehicle accident cases. Our lawyers have established working relationships with independent doctors in many specialties, as well experts in computer simulations and accident reconstruction.

Damages

In motor vehicle litigation, a person can be able to recover both economic and noneconomic damages. The first type of damages is all monetary costs which are easily added together and calculated into an overall amount, including medical treatments or lost wages, repair to property, and even the possibility of future financial loss, such diminished earning capacity.

New York law also recognizes the right to seek non-economic damages such as pain and suffering as well as loss of enjoyment of life, which cannot be reduced to a monetary amount. However, these damages must be proved to exist through extensive evidence, such as deposition testimony from the plaintiff's family members and close friends medical records, other expert witness testimony.

In cases where there are multiple defendants, courts will often use comparative fault rules to determine the amount of total damages that must be divided between them. The jury must decide the amount of fault each defendant carries for the incident and then divide the total amount of damages awarded by that percentage. New York law however, does not allow for this. 1602 does not exempt vehicle owners from the comparative negligence rule in cases where injuries are suffered by drivers of trucks or cars. The process of determining whether the presumption is permissive is complicated. The majority of the time, only a clear demonstration that the owner did not grant permission to the driver to operate the vehicle can overcome the presumption.